Supreme Court of India · 2007-05-14
RAM KUMAR BARNWAL vs RAM LAKHAN(DEAD)
- Citation / case number
- SC 2004/9408
- Court
- Supreme Court of India
- Petitioner
- RAM KUMAR BARNWAL
- Respondent
- RAM LAKHAN(DEAD)
- Author
- ARIJIT PASAYAT
- Bench
- LOKESHWAR SINGH PANTA DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that under Section 21 of the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, the High Court's decision to remand the matter to the Prescribed Authority was erroneous despite acknowledging the lower courts' findings as potentially flawed. The Court emphasized that subsequent events, such as the appellant's eviction from his business premises, should be considered in determining bona fide need. The appeal was allowed, and the High Court's order was set aside, allowing the appellant to pursue his release application without remand.